Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1887-03-10
OFFICIAL LETTER OF THE DIST
ATTY 70 MAGISTRATES.
Lewiston, Feb. Is, 1887.


TO JUSTICE OF THE PEACE:
Dear Sir:-As We are mutually in
terested in the common welfare Of tho
people; and, in our official capacities,
specially desire to faithfully discharge
our duties, 1 respectfully call your at
tentiou to certain statutory provisions,
relating to the conduct of your Office in
criminal matters when acting as q com.
hitting magistrate, in the ministerial
duties of examinations into cases, where
in criminal charge is laid before you.
An examination Of this character, is, in
no sense, a trial Of the person against
whom an information il filed. It is
nothing more than an informal investi.
cation, conducted under the generally
prescribed method, as laid down in the
statutes, to ascertain whether crime has
been committed; and, ifso, whether the
individual charged in the complaint is
guilty Of crime. You are not restricted
TO any prescribed rules Of evidence. So
far a. the circumstances of the case will
permit, you will .condno the witnesses to
the narration Of only the facts which
are material in determining the guilt or
innocence Of the person charged with the
particular offence under consideration |;
yet, you should permit sufficient range
Of evidence to develop all the facts
necessary to enable you to arrive at a
satisfactory judgement. The first ques.
ton Of q defendants guilt, Of course, is
upon the charge y laid in the complaint.
The second question is ~ to his guilt in
the perpetratioa Of any other crime.
For, should the evidence not sustain the
charge mentioned in the information,
but prove that the defendant il guilty Of
some other offence under the law, it i
your duty to hold him to answer for tho
spscifc crime Of which you find him
guilty. A person charged with Ldrceny
might be guilty Of murder" or carson"
~ some other crime mentioned in the
statutes, in which case you would hold
him to answer for the crime proven, aud
% endorse on the papers, disregarding,
entirely, the charge Of larceny, upon
which the affidavit was based. The
Office Of . magistrate is to protect in
nocsnt persons from unlawful arrest and
detention, . il il, also, his duty to see
that the guilty are held to answer for
crime. First Of all, then, it is essential
that charge Of crimipality should be
founded upon = reasonable probability
that the person implicated is guilty Of
some willul transgression ofshe law.
This you are to satisfy yourself Of BY q
thorough examination Of the complaining
witness, and other witnesses who may
be accessible and convenient. There are,
Of course, emergent cases, which will ad-
init Of no delay in the issuance of pro-
cen, and immediate action is necessary
in order to apprehend supposed Grim
inal. Indeed, if you have sufficient
psrsonal knowledge that certain per.
con i guilty Of crime, you may order
hh arrest, without : complaint having
been fled, and the papers can be made
ont y soon ~ time will permit. Az q
general rule. however, it is prudent to
take the sworn statements Of two or
three witnesses, besafs warrant is issued
Passion and prejudice, sometimes in-
huencs men to invoke the mighty power
Of the Law, in rsvengeful malice, for a
faneied grievance; Or sasppossd personal
injury It tho hand of m innocent neigh.
Dor. n such instances the magistrate
occupies the position Of "short-stop," OF
q mediator between cool, rational and
dispassionate reasoning, on one hand,
and the hot, impulsivs and vindictive
resolve Of deranged mentality, on the
other. So unreliable. indeed, i the mind
Of man, when controlled BY an excited
temper or an overweight imagination,
that q careful analysis into = supposed
cause Of complaint, frequently reveals
the fact, that the person complained Of is,
in reality, the injured party. The evil
dence upon the complaint, taken before
the arrest, or subsequently and at the
examination, need not DO sufficiently
conclusive to justify conviction in trial,
10 order to hold defendant to answer.
The alleged offeuse appearing to have
been committed, and probable cause for
believing the defendant guilty thereof,
Is sufficient; and. upon such showing
you ought to hold 4 defendant for fur
thsr investigation before . grand jury.
The object Of : preliminary examination,
i tvo-fold. First, in the protection Of
society from the effects Of lawlessness and
crime. BY the speedy Apprehension and